Nagpur: Nagpur bench of Bombay High Court dismissed a petition filed by Shree Ganesh Builders challenging acquisition of its land for a sewerage treatment plant (STP) project. It held the company failed to issue a valid statutory purchase notice and later participated in the acquisition proceedings while simultaneously claiming the land reservation had lapsed.A Division Bench comprising Justices Anil Kilor and Raj Wakode rejected the company’s plea seeking a declaration that reservation over its land at Mouza Chikhli (Khurd) had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act (MRTP Act). Court also upheld the land acquisition award dated Oct 29, 2025, observing the challenge was ‘without any basis and is an afterthought.’Senior counsel Devendra Chauhan represented NMC and Town Planning department; PP Pendke held brief for the govt, while MM Sudame represented the petitioner. The bench dismissed the petition but maintained the existing situation for another four weeks.The dispute concerned nearly 12.12 hectares of land reserved since the 2001 Development Plan for a ‘Drainage and Sewerage Disposal Scheme’. The builder had issued a purchase notice in June 2014, claiming the reservation would automatically lapse if acquisition proceedings were not initiated within statutory period.Court, however, found that the notice itself suffered from a fundamental defect because it covered three different land parcels whose revenue records reflected ownership in the names of three separate legal entities. Nagpur Municipal Corporation had pointed out the discrepancy in Dec 2014 and sought title documents, but the petitioner neither cured the defect nor challenged rejection of its notice for more than a decade.The bench also noted that after acquisition proceedings began in 2025, the petitioner actively participated by attending hearings, submitting compensation claims and later filing a reference seeking enhanced compensation. Such conduct, the court held, amounted to waiving its right to question the acquisition while simultaneously asserting that the reservation had lapsed.According to NMC, the land has been identified as an ideal site for STP and Pumping Station under state-funded Pohra River Pollution Abatement Project, which is intended to reduce pressure on city’s existing sewage treatment infra and cater to Nagpur’s growing population.Court noted the planning authority had already deposited compensation of Rs. 11.77 crore with Land Acquisition Officer and observed the public project had remained stalled because of the interim status quo granted during the pendency of the petition.
